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County Faces Political Crisis

Leaders Schedule Second Meeting to Wrestle with Turmoil Caused By
Departure of Top Manager; Commissioners Seek Answers

By JONATHAN BURKE

The Dukes County commissioners this week held their first meeting
since the abrupt departure of county manager Carol Borer, and went home
without taking action to address the crisis.

On Wednesday night, the county commissioners discussed the urgent
need to fill the post of Mrs. Borer, who emptied her office on Dec. 31
and did not return for work on Jan. 2, but did not take immediate steps.
They agreed to meet again Monday at 6 p.m., expressing hopes that more
information will be available then.

Dianne Powers, the Dukes County register of deeds and deputy county
manager, has stepped into Ms. Borer's shoes for the time being,
returning phone calls and speaking to attorneys involved in litigation
for the county. But in a conversation with the Gazette yesterday, she
emphasized that her primary responsibilities prevent her from stepping
fully into the county manager's post.

"I'm basically doing whatever needs to be done to keep
things moving along right now," Mrs. Powers said.
"Realistically, I can't do it for the time that it is going
to take to hire a new county manager. I was elected to be the register
of deeds."

She told the commissioners Wednesday night that she could not be the
point person for the litigation and could only juggle two full-time jobs
for so long.

"Finding a county manager is of utmost importance. There needs
to be someone who can dedicate the time necessary on a longer term so
there is a smoother transition for when the new county manager comes
in," she told the Gazette.

Ms. Borer announced in November her plans to resign at the end of
the year, but agreed then to stay on as temporary county manager while
her permanent replacement was found. But following a dispute over
vacation and sick day pay that froze funding for the temporary manager
position, she cleared her office last week.

Wednesday night, county commissioners left open the possibility that
Mrs. Borer could return to her post. A certificate of employment that
sets a pay rate of $45 per hour is outstanding.

"I would say there is some validity to this document, and if
you don't want to employ this person at $45 per hour, you should
take some action," said Michael Gilman, a labor attorney for the
county. According to Mr. Gilman, the commissioners are free to revoke
the certificate of employment.

"At the Monday meeting they are going to discuss and consider
the certificate of employment for her to act as interim county
manager," said Ms. Powers.

With a number of legal matters pending, the commissioners agreed
they need to shore up the position quickly if county government is to
act effectively.

The discovery process is set to begin in a salary dispute lawsuit
filed by William Weibrecht, airport manager, and Sean Flynn, assistant
airport manager.

"There is a new piece of complicated litigation that is going
to have to be dealt with," said Mr. Gilman.

"All of us are in that lawsuit. All of us are going to have to
give information," said Noreen Flanders, county treasurer, at the
meeting Wednesday night.

An additional legal action has reportedly also been threatened by
Marsha Smolev, executive assistant to the county manager. Ms. Smolev,
through her attorney, delivered a letter to Leslie Leland, chairman of
the county commissioners, on Dec. 24 which complained of harassment by
Ms. Borer. The letter described certain acts by Ms. Borer as actionable
and demanded that the county take steps to remedy the situation.

At the center of the controversy now playing out in county
government has been the handling of Ms. Borer's severance pay.
Many county commissioners and members of the finance advisory board were
angered last week to learn that Ms. Borer had received almost $23,000 in
vacation and sick day pay before that payment had been reviewed and
approved through the usual processes.

At a Dec. 30 meeting, the county finance advisory board refused to
approve the first three line items of the supplemental budget. Those
items would have formally funded Ms. Borer's vacation and sick day
pay package and the temporary county manager position.

The advisory board sent the first three line items back to the
county commissioners for their reconsideration. This Wednesday, the
county commissioners approved funding for the temporary help line item.
The board assigned Paul Strauss and Nelson Smith, its newest members, to
investigate the circumstances surrounding Ms. Borer's vacation and
sick day pay.

To make county matters more complicated, the Edgartown police and
the district attorney's office are now tangentially involved in
the events surrounding Ms. Borer's departure.

According to Sgt. Kenneth Johnson, Ms. Smolev received a vulgar
e-mail message the day after Ms. Borer's departure. The e-mail,
which county commissioners have called "sick" and
"disgusting," made reference to Ms. Smolev's hiring of
an attorney.

"It wasn't so much of a threat. It was just vulgar. It
was clearly sent to upset her, and it did," said Sergeant Johnson.
He said the e-mail amounted to criminal harassment, a misdemeanor.

Sergeant Johnson said that both the Edgartown police and the
district attorney's office are investigating the origins of the
e-mail. He said subpoenas will be served to determine the identity of
the sender.

Sergeant Johnson said that while the police were at the county
offices on Friday, they were told that files had been erased from the
computer in the county manager's office. He said the police have
taken the hard drive to a computer expert to recover the files.

In a follow up conversation, Sergeant Johnson said that the computer
in the county manager's office was not a police matter and that
the police took the hard drive to a computer expert as a favor to the
county.

Ms. Borer this acknowledged that she deleted e-mail from the
computer in her office and removed some of her files. She is not under
investigation by the police for wrongdoing.